In a recent development, Google has informed the Delhi High Court about its inability to proactively monitor or act against unauthorized recordings of online court proceedings that are uploaded or shared on its platform, YouTube. This statement comes as part of an affidavit submitted by Google in response to a petition concerning such recordings.
Google’s Stand on Monitoring Capabilities
Google emphasized that requiring social media platforms to prevent the recurrence and re-upload of unauthorized court recordings is both legally unfeasible and practically impossible. As explained in their affidavit, the recordings are made outside of YouTube, rendering it difficult for the platform to ascertain whether a video depicts court proceedings, whether such recording was sanctioned, or whether it contravenes any law. This complexity is further compounded by the varying court rules across India.
“Under these circumstances, it is not feasible for Google to proactively monitor its platform and prevent the recurrence of such unauthorized recordings and their subsequent dissemination,” the affidavit asserted. Google further clarified that it is only obligated to remove videos identified by specific URLs once a court adjudicates them as violating applicable laws.
Role of Intermediaries in Content Monitoring
Google’s affidavit also highlighted the limitations imposed by Indian law on intermediaries, which do not require them to act as judges over disputes concerning third-party content or to actively monitor user-uploaded material. “Intermediaries like Google cannot be expected to perform an adjudicatory function, nor judge which removal requests are legitimate,” stated the affidavit, emphasizing that such determinations should be made by a competent court.
Background of the Case
This affidavit was filed in response to a plea from advocate Vaibhav Singh, who sought action against individuals responsible for uploading videos of Arvind Kejriwal addressing Justice Swarana Kanta Sharma’s court. These videos, which went viral on social media, captured Kejriwal discussing his application seeking Justice Sharma’s recusal in an excise policy case.
More Read
Singh’s plea also called for directives to be issued to social media platforms to prevent unauthorized recordings of court proceedings from surfacing online. The Delhi High Court had already expressed its concern over this matter in April, emphasizing that it pertained to the larger interests of the judiciary and that unauthorized recordings should be controlled.
In its affidavit, Google mentioned that the videos flagged by Singh have already been removed or blocked in India, underscoring its compliance with legal requests once specific content is identified.
